A broken contract, unpaid debts or ongoing business disputes can put significant pressure on a business. When the parties cannot resolve the issue themselves, a commercial litigation lawyer can help them understand their rights, assess the risks and decide what to do next.
This guide explains the commercial litigation process, the work a lawyer does at each stage and the factors that affect the cost of a dispute in Brisbane, Queensland.
What Is Commercial Litigation?
Commercial litigation involves legal disputes arising from business relationships and other areas of commercial law. A dispute may be resolved through negotiation or mediation, but litigation refers to the formal process of pursuing or defending a claim through a court.
In Queensland, the court that hears a commercial dispute will generally depend on the amount claimed and the nature of the matter. The Magistrates Court hears claims up to $150,000, the District Court hears claims between $150,001 and $750,000, and the Supreme Court hears complex matters and claims above $750,000. Commercial disputes may also be heard in federal courts where Commonwealth law applies.
Common disputes our commercial litigation team handles include:
- Breach of contract: A party fails to meet its obligations under a commercial agreement.
- Director and shareholder disputes: Disagreements about company decisions, conduct, ownership or management.
- Partnership disputes: Business partners disagree about their responsibilities, finances or the future of the business.
- Debt recovery: A business seeks payment of money it is owed.
- Misleading or deceptive conduct: A party alleges that statements or conduct breached consumer law and caused commercial loss.
- Insolvency-related disputes: Claims arising when a company or individual faces financial distress or insolvency proceedings.
- Construction disputes: Disagreements about building contracts, payment, delays or defective work.
- Intellectual property disputes: Disagreements involving the use or protection of intellectual property.
What Does a Commercial Litigation Lawyer Do?
A commercial litigation lawyer advises you or your business on the strength of your position and manages the steps needed to pursue or defend a claim. That work can begin well before court proceedings and may end in a negotiated settlement (rather than a trial).
Pre-Litigation Advice and Strategy
Before sending a letter of demand or commencing legal action, your lawyer assesses the available documents, the legal basis for your position and the likely response from the other party. They can explain your options, the potential costs and the risks of each approach.
A strong claim is not necessarily a commercially worthwhile claim. It is also important to consider what you could realistically recover, whether the other party has the means to pay, and how the cost of proceedings compares with an achievable settlement. Early advice can help you avoid steps or statements that make the dispute harder to resolve.
Drafting and Filing Court Documents
If proceedings are necessary, your lawyer prepares the documents that set out your claim or defence. Depending on the matter, these may include a claim or originating application, statement of claim, defence, counterclaim and affidavits.
Court documents need to identify the issues clearly and meet the applicable procedural requirements. Your lawyer also manages filing, service and the deadlines that follow.
Gathering Evidence and Managing Disclosure
Commercial disputes often rely on evidence from contracts, emails, financial records, board minutes and accounts of what the parties said or did. Your lawyer identifies what evidence is needed to support your position, obtains the relevant documents and prepares witnesses.
The process may involve disclosure of documents, subpoenas or expert evidence from an accountant, valuer or other specialist. In document-heavy matters, reviewing and organising the evidence can be a substantial part of the work a commercial litigation lawyer does.
Seeking Urgent Court Orders
Some disputes need immediate action while the case is ongoing. For example, there may be a concern that assets will be moved, confidential information disclosed or important evidence destroyed.
Depending on the circumstances, a lawyer may advise on an injunction, freezing order, search order or another form of interim relief. These applications require careful preparation and can significantly add to the cost of a matter. The available order and the evidence required depend on the particular risk.
Negotiation, Mediation and Settlement
A commercial litigation lawyer also works to resolve disputes outside a final court hearing. They may negotiate directly with the other party, prepare for mediation and advise you on settlement proposals.
Settlement involves more than agreeing on a figure. Your lawyer can help document the payment terms, releases, confidentiality obligations and other conditions needed to bring the dispute to a practical end. They can also advise on the potential costs and consequences of making or rejecting a formal offer.
Trial Preparation and Advocacy
If negotiations fail and the dispute proceeds to trial, your lawyer prepares the case for hearing. This can involve finalising evidence, preparing witnesses, working with expert witnesses and developing submissions on the disputed issues.
A solicitor may brief a barrister to appear at a hearing or trial, particularly in a complex matter. The solicitor continues to manage the case and works with counsel on how it is presented.
When Should You Contact a Commercial Litigation Lawyer?
Seek advice on commercial litigation matters if:
- You receive a letter of demand, statutory demand or court documents.
- A significant contract has been breached.
- A business or partnership relationship has broken down, and money or assets are at stake.
- A shareholder or director dispute threatens the company’s operations.
- You suspect fraud, misleading conduct or misuse of confidential information.
- A creditor is threatening insolvency action.
- You need to prevent an action that may cause serious harm to your business.
Deadlines can affect your options. Different claims and court processes have different time limits, and documents such as statutory demands call for particularly prompt attention. A lawyer can identify the deadline that applies to your circumstances and advise you on the steps available before it expires.
How Much Does Commercial Litigation Cost in Brisbane?
The cost depends on the work required and how far the dispute progresses. A matter resolved through an early settlement will generally involve different costs from one that is defended through to trial. The following ranges are indicative only and should not replace an estimate for your particular matter.
| Type of matter | Indicative cost range |
| Simple debt recovery, from letter of demand to judgment | $5,000 – $15,000 |
| Straightforward contract dispute settled before trial | $15,000 – $40,000 |
| Moderate commercial dispute involving mediation | $30,000 – $80,000 |
| Complex litigation proceeding to trial | $80,000 – $250,000+ |
| Major Supreme Court dispute proceeding to trial | $150,000 – $500,000+ |
These ranges overlap because disputes with similar labels can require very different amounts of work. Costs are affected by the number of parties and disputed issues, the volume of documents, the need for expert evidence or urgent applications, and whether the other party contests each step. Court fees, barrister fees and expert costs may also form part of your overall expenditure.
Before committing, consider the likely cost alongside the amount you could realistically recover or the liability you face. At Boss Lawyers, we provide cost estimates and updates as a matter progresses, allowing you to reassess your options as the evidence and costs become clear.
Obtaining a judgment and collecting payment are separate steps. If the other party does not pay voluntarily, enforcement may involve further work and costs. A court may also order one party to contribute to the other’s legal costs, but that should not be treated as a guarantee that you will recover everything you spend.
Commercial Litigation and Dispute Resolution: What Are the Options?
Commencing proceedings does not mean every issue must be decided at trial. Depending on the dispute, the parties may resolve it through:
- Negotiation: The parties or their lawyers discuss terms directly and record any agreement reached.
- Mediation: An independent mediator helps the parties explore a resolution. The mediator does not impose a decision.
- Arbitration: An arbitrator hears the dispute and makes a decision under the applicable agreement and rules.
- Expert determination: An independent expert decides a defined issue, such as the value of shares, where the parties have agreed to use that process.
The right approach depends on the contract, the issues in dispute, the outcome you need and the other party’s willingness to engage. A litigation lawyer can advise on these options while protecting your position if court proceedings remain necessary.
Boss Lawyers: Brisbane Commercial Litigation
Boss Lawyers is a boutique commercial litigation and insolvency firm based in Brisbane. Principal Solicitor Mark Harley has over 17 years’ experience acting in complex commercial disputes. The firm provides comprehensive legal services, advising directors, shareholders, creditors and businesses on matters including contract claims, debt recovery and insolvency-related litigation.
Boss Lawyers works with clients to assess the legal and commercial issues together. Where a dispute can be resolved through negotiation, the firm can pursue that path. Where court action is needed, it can advise on the steps, likely costs and risks involved in state and federal courts.
For an initial consultation and confidential discussion about your dispute, call 1300 267 711, contact Boss Lawyers or learn more about its commercial litigation services.
FAQs: Commercial Litigation in Brisbane
What is the difference between a solicitor and a barrister in commercial litigation?
A solicitor usually manages your matter, advises you, prepares documents and communicates with the other parties. A barrister may be briefed to provide specialist advice or appear at a hearing or trial. Your solicitor remains involved and works with the barrister on the case.
How long does commercial litigation take in Queensland?
It depends on the issues, the court’s timetable, the evidence required and whether the parties reach an agreement. Some disputes resolve through early negotiation. Others require mediation, interim applications or a trial and take considerably longer. Your lawyer can give you a more useful timeframe after assessing the matter.
Can I recover my legal costs if I win?
A court may order the unsuccessful party to pay some of the successful party’s costs, but cost orders are discretionary and do not necessarily cover all legal fees. The outcome can also be affected by how the parties conducted the case and responded to settlement offers. Your lawyer should explain both your potential recovery and your possible exposure to the other party’s costs.
What should I bring to my first meeting with a commercial litigation lawyer?
Bring any relevant contracts, correspondence, invoices, financial records and court documents. A brief timeline of key events and a list of the people involved will also help your lawyer understand the dispute. If you have received a document with a response deadline, bring that to their attention immediately.
Related Reading
- How to Resolve a Shareholder Dispute in Australia Without Going to Court
- The Role of Mediation in Resolving Business Disputes
About the Author
Mark Harley is the Principal Solicitor of Boss Lawyers, a Brisbane commercial litigation and insolvency firm. He advises on commercial litigation, insolvency, director disputes, shareholder disputes and debt recovery.
This article provides general information and is not legal advice. Obtain advice about your particular circumstances.
